A landlord tenant lawyer San Antonio renters and owners call is working under a statute that changed on January 1, 2026. Most leases in Bexar County have not caught up. Texas landlord-tenant law lives in Chapter 92 of the Property Code for deposits, repairs, and lockouts, and in Chapter 24 for evictions. In 2025, the Legislature passed Senate Bill 38. It rewrote how landlords deliver eviction notices, added a summary disposition procedure, and moved the whole process onto a fixed calendar. The Texas Supreme Court then rewrote Rule 510 of the Rules of Civil Procedure to match.
The security deposit rules did not change, but they are the ones most often broken. This guide takes the two most common disputes in order. First, the deposit that does not come back. Second, the notice to vacate that starts an eviction.
The 30-Day Deposit Rule a Landlord Tenant Lawyer in San Antonio Enforces First
Property Code Section 92.103 requires the landlord to refund the security deposit on or before the 30th day after the tenant surrenders the premises. Section 92.104 allows deductions only for damages and charges the tenant is legally liable for. Normal wear and tear is never deductible. Any deduction must come with a written description and itemized list. Section 92.107 adds the one condition tenants forget. The landlord owes nothing until the tenant provides a written forwarding address. A tenant who moves without leaving one has not forfeited the deposit, but the 30-day clock has not started either.
Section 92.103(b) allows a lease to condition the refund on advance notice of surrender. That clause counts only if it is underlined or in conspicuous bold print. A buried notice clause is unenforceable.
What Bad Faith Costs a Landlord
Section 92.109 supplies the penalty. A landlord who retains a deposit in bad faith owes $100, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees. A landlord who withholds the itemized list in bad faith forfeits the right to keep anything and the right to sue the tenant for damages. The burden of proof sits on the landlord. And Section 92.109(d) creates a presumption of bad faith whenever the refund or the itemization arrives after day 30.
The tenant’s side has a matching trap. Section 92.108 forbids withholding the last month’s rent on the theory that the deposit covers it. A tenant who does that in bad faith owes three times the rent withheld plus the landlord’s fees. Bexar County justice courts hear most of these claims. Because fees shift, a small deposit can turn into a much larger judgment.
Late Fees, Lockouts, and Repairs
Three more Chapter 92 rules come up constantly. Section 92.019 bars any late fee until rent has gone unpaid for two full days after the due date. It also caps a safe-harbor fee at 12 percent of the monthly rent for a building with four or fewer units, or 10 percent for larger properties. Next, Section 92.0081 forbids changing the locks on a delinquent tenant unless the lease allows it and the landlord gave written notice first. A new key must be available at any hour whether or not the tenant pays.
Finally, Section 92.056 makes a landlord liable for failing to repair a condition that materially affects health or safety. The tenant must give notice, be current on rent, and allow a reasonable time, which the statute presumes is seven days. Remedies include repair-and-deduct up to the greater of one month’s rent or $500, and a civil penalty of one month’s rent plus $500 under Section 92.0563.
The Notice to Vacate After January 1, 2026
Every eviction begins with the notice to vacate under Section 24.005. The default is three days’ written notice, unless a written lease sets a shorter or longer period. For nonpayment by a tenant who has never been late before, the notice must be a notice to pay or vacate. Senate Bill 38 repealed the old rules on posting the notice to the door with a sealed envelope.
The current list in Section 24.005(f-3) allows four methods. Mail, delivery to the inside of the premises in a conspicuous place, hand delivery to any tenant age 16 or older, or electronic delivery if the parties agreed to it in writing. Under Section 24.005(f-4), the method does not matter if the tenant actually received the notice. A federally backed property still owes a 30-day notice under the CARES Act. Section 24.005(c-1) now says that requirement delays the writ of possession, not the filing or the trial.
The Justice Court Calendar a Landlord Tenant Lawyer in San Antonio Works Against
Once the notice period runs, the landlord files a sworn petition in the justice court for the precinct where the property sits, as Section 24.004 requires. Bexar County has four justice of the peace courts, one per precinct. The court cannot decide title and cannot hear counterclaims. Under Section 24.0051, the constable must attempt service within five business days. The trial date falls between 10 and 21 days after filing, but not earlier than the fourth day after service. A postponement is capped at seven days unless both sides agree in writing. Rule 510.8 repeats the 10-to-21-day window.
The new summary disposition procedure in Section 24.005106 lets a landlord in a forcible entry and detainer case file a sworn motion with the petition. The tenant then has until the fourth day after service to respond. If no facts are genuinely disputed, the court may enter judgment without a trial.
Judgment, Writ, and the Five-Day Appeal a Landlord Tenant Lawyer in San Antonio Files
A judgment for possession does not put anyone on the street the same day. Section 24.0061 bars a writ of possession before the sixth day after judgment unless the landlord posted a possession bond. The constable then posts a 24-hour warning on the front door before removing the tenant’s property to the curb. That removal cannot happen while it is raining. The tenant’s alternative is an appeal within five days of the judgment under Rule 510.19, by bond, cash deposit, or a statement of inability to pay. It must affirm a good-faith meritorious defense. In a nonpayment case, Section 24.0053 requires the tenant to pay one rental period into the court registry within five days of appealing. Payments continue during the appeal. Miss a payment and Section 24.0054 allows a writ without a hearing. Arizona’s eviction timeline runs differently, as our guide to the Arizona eviction process explains.
The Bottom Line
Texas gives tenants a hard 30-day deposit rule with a triple-damages penalty. It gives landlords a fixed eviction calendar that now runs from notice to writ in roughly a month. Both sides lose most often on paperwork. A tenant without a written forwarding address has no deposit claim yet. A landlord without an itemized list has no deductions. And a notice to vacate delivered by a method the statute no longer recognizes restarts the clock. What the statutes do not say is that the justice court judge will know these rules better than either party. The honest gap is between what the lease says and what Chapter 92 and Chapter 24 actually allow. Where they conflict, the lease loses, and that is usually the first thing a landlord tenant lawyer San Antonio clients hire will point out.
Frequently asked questions
Thirty days after the tenant surrenders the premises, under Property Code Section 92.103, with a written itemized list of any deductions. The clock does not start until the tenant provides a written forwarding address under Section 92.107.
Under Section 92.109, a landlord who acts in bad faith owes $100, three times the amount wrongfully withheld, and the tenant’s attorney’s fees. Bad faith is presumed if the refund or itemization comes after day 30.
Under Section 24.005(f-3), as amended effective January 1, 2026, by mail, delivery to the inside of the premises in a conspicuous place, hand delivery to a tenant age 16 or older, or electronic delivery if agreed in writing. The old door-posting rules were repealed.
After a three-day notice to vacate, the trial is set 10 to 21 days after the petition is filed but not before the fourth day after service. A writ of possession cannot issue before the sixth day after judgment, and the tenant has five days to appeal.
Yes. Under Section 92.107, the landlord owes nothing until the tenant provides a written forwarding address, and the 30-day clock does not start before then.
No. Section 92.104 allows deductions only for damages and charges the tenant is legally liable for, and each deduction needs a written itemized list.
No. Section 92.108 forbids it, and a tenant who does so in bad faith owes three times the rent withheld plus the landlord’s fees.
Section 92.019 bars any late fee until rent has gone unpaid for two full days after the due date. A safe-harbor fee is capped at 12 percent of monthly rent for four or fewer units, or 10 percent for larger properties.
Only if the lease allows it and the landlord gave written notice first, under Section 92.0081. A new key must be available at any hour whether or not the tenant pays.
Five days under Rule 510.19, by bond, cash deposit, or a statement of inability to pay. In a nonpayment case, the tenant must also pay one rental period into the court registry within five days of appealing.
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This article is for general informational purposes only and does not constitute legal advice. Landlord-tenant rights depend on the lease, the property, and the notices actually given, and the eviction procedures described here took effect January 1, 2026 and may be amended. Anyone in a deposit or eviction dispute should consult a licensed Texas attorney.
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